U.S. to Stop Deporting Some Illegal Immigrants

In a statement from the Rose Garden Friday afternoon, President Obama said his administration wouldn't deport younger illegal immigrants who came to the U.S. as children. During his comments, the President was interrupted by Neil Munro, a reporter from The Daily Caller.

By

Laura Meckler And

Miriam Jordan

Updated June 15, 2012 7:41 p.m. ET

WASHINGTON—President Barack Obama said Friday that his administration would let many young illegal immigrants legally live and work in the U.S., sidestepping Congress after years of stalemate over the nation's immigration policy.

The Obama administration says it won't deport many younger illegal immigrants who came to the U.S. as children, Laura Meckler reports on the News Hub. Photo: Getty Images.

Under the new rules, an estimated 800,000 young people brought to the U.S. as children could apply for work permits and enjoy a safe haven from deportation. Unlike with the Dream Act, a bill backed by Mr. Obama that has stalled in Congress, they wouldn't be eligible for citizenship.

The rules, which Mr. Obama announced Friday from the Rose Garden, may inject a needed jolt of enthusiasm for his campaign among Hispanic voters, who overwhelmingly support him but often turn out in smaller numbers than other groups.

President Obama was interrupted by Neil Munro of the Daily Caller during an announcement about his administration's new immigration policy. Photo courtesy of Associated Press.

Many Republicans criticized the rules as an amnesty for law breakers, an overreach of administrative authority and an election-year pander to Hispanics.

The new rules may complicate GOP presidential candidate Mitt Romney's efforts to find a more nuanced position to appeal to Hispanics after a primary campaign in which he said he would veto the Dream Act.

Some Republicans have worked to soften the party's immigration approach, including Sen. Marco Rubio of Florida, who is pitching an alternative to the Dream Act that resembles the new Obama policy. But it isn't likely Mr. Romney will want to endorse an approach so close to Mr. Obama's.

ENLARGE

The new policy was celebrated by young illegal immigrants and by many Democrats, who said it would provide overdue relief. In Los Angeles, more than 100 students cheered the announcement in front of downtown's federal building, waving signs that said, "Right to Dream."

"These are young people who study in our schools, they play in our neighborhoods, they're friends with our kids, they pledge allegiance to our flag," Mr. Obama said Friday. "They are Americans in their heart, in their minds, in every single way but one: on paper."

Mr. Romney, speaking to reporters in Milford, N.H., on Friday, criticized the president's action as a short-term fix that could be "reversed by subsequent presidents," but he didn't respond to questions about whether he would do that.

He offered softer rhetoric than he did during the Republican primaries, saying that he wanted to help "people who come into this country through no fault of their own by virtue of the action of their parents." But he didn't say what policies he would support.

"We're going to come out of the shadows," said Jaime Rivera, 20 years old, who said his parents fled to the U.S. from conflict in Honduras.

But House Judiciary Committee Chairman Lamar Smith (R., Texas), a leading opponent of immigration liberalization, called the move "a breach of faith with the American people." He said the new policy could hurt unemployed Americans looking for work and "violates President Obama's oath to uphold the laws of this land."

Hispanic support is critical in several swing states in November, including Nevada, Colorado and Florida. The president's move came after a couple of rough weeks for his candidacy, including signs of a slowing economic recovery.

The new Obama rules apply to people under age 30 who came to the U.S. under the age of 16, have been here for at least five years, haven't committed a major crime and have either a high-school degree, equivalency certificate or have served in the military. They will be eligible for a renewable two-year period of "deferred action," during which they may apply for work permits and wouldn't be deported.

One tricky question for young people will be whether and when to apply for the relief, which involves presenting themselves to the government as illegal residents.

ENLARGE

Ricki Campos, a 23-year-old undocumented immigrant from El Salvador, addresses a crowd of Obama supporters in front of the White House on Friday.
Andrew Seidman/The Wall Street Journal

It isn't clear what would happen to them if a future president opted to reverse the policy.

"There is a political and legal risk that what Obama giveth, Romney will taketh," said Stephen Yale-Loehr, immigration professor at Cornell University.

Unlike the Dream Act, those affected would not be on a path to citizenship, and they would have to renew their new status every two years.

But Dream Act backers concede there is little chance any immigration legislation will pass this year.

ENLARGE

Homeland Security Secretary Janet Napolitano said the immigration laws "are not designed to be blindly enforced without consideration given to the individual circumstances of each case."
Associated Press

The last push for the Dream Act came in late 2010, when it won 55 votes in the Senate, short of the 60 needed overcome a filibuster threat.

The vast majority of opponents were Republicans.

Since then, a growing number of Republicans have voiced concern that the party is pushing away the Latino electorate with rhetoric opposing illegal immigration and the Dream Act.

On Friday morning, ahead of the Obama announcement, former Mississippi Gov. Haley Barbour said people in the U.S. illegally should qualify for work permits. Former Florida Gov. Jeb Bush has also suggested a softer approach.

Both House Speaker John Boehner (R., Ohio) and Senate Minority Leader Mitch McConnell (R., Ky.) were silent Friday, offering no response to the Obama move.

Sen. Rubio has proposed a modified version of the Dream Act that would offer young illegal immigrants a status similar to that put forth by Mr. Obama: a safe haven but not U.S. citizenship.

On Friday, Mr. Rubio issued a statement saying the country has to address the plight of these young people without encouraging future illegal immigration. "Today's announcement will be welcome news for many of these kids desperate for an answer, but it is a short-term answer to a long-term problem," he said.

The announcement culminates the long evolution of the Obama's administration's deportation policy.

Early in Mr. Obama's term, his administration deported a record number of illegal immigrants, prompting anger from a Hispanic community already frustrated by lack of action on their legislative priorities.

As a result, the administration first said it would prioritize criminals in its deportations. Then, last year, it said it would use prosecutorial discretion and wouldn't target for deportation those who would qualify for Dream Act relief.

Advocates, including Mr. Durbin, pushed the administration to go further, but Obama aides questioned whether they had that authority. Mr. Obama himself made that point in a letter last year to Rep. Luis Gutierrez (D., Ill.). He said the administration would grant limited, case-by-case relief, but "it is inappropriate to use this authority in a categorical way to protect Dream Act students or any other group, no matter how compelling."

On Friday, an administration official said that the new policy does not grant "categorical" relief, as Mr. Gutierrez was seeking, but will in practical terms accomplish the same goal.

—Andrew Seidman contributed to this article.

Corrections & Amplifications The surname of Sen. Richard Durbin of Illinois was misspelled as Durban in an earlier version of this article.

This copy is for your personal, non-commercial use only. Distribution and use of this material are governed by our Subscriber Agreement and by copyright law. For non-personal use or to order multiple copies, please contact Dow Jones Reprints at 1-800-843-0008 or visit www.djreprints.com.